NEW DELHI: The Supreme Court on Thursday slammed the Central government for filing frivolous appeals against a retired army personnel, who had served for over 15 years. The court also asked the government to devise a policy regarding disability pension cases for such individuals.
The top court's two-judge bench, headed by Justice Abhay S Oka and Justice Ujjal Bhuyan, passed these remarks after hearing an appeal filed by the Centre challenging the order of the Armed Forces Tribunal (AFT), which granted disability pension to a retired radio fitter, earlier working in the Indian Army.
Criticizing the Centre for challenging the Tribunal order in the apex court, Justice Oka said, every member of the armed forces who was awarded relief of disability pension from the AFT need not be dragged to the top court.
The apex court, taking a humanitarian approach, asked the Centre to exercise some discretion in filing the appeals. "There has to be some pragmatic view. Army personnel work for 15 or 20 years and suppose there is some disability, and order of the Armed Forces Tribunal directs payment of disability pension. Why should these persons be dragged to the Supreme Court?" asked the bench.
Observing that "frivolous appeals" were being filed by the Centre, the apex court said the morale of the armed forces couldn't be let down by filing such pleas against the relief.
The apex court urged the Centre to develop plans, policies, and effective measures to address the concerns of retired army personnel."You (Centre) say whether you are willing to frame a policy. And if you say no then we will have to start imposing heavy costs whenever we find that the appeal appears to be frivolous," the bench asked the Centre.